Terms and Conditions for business registration and reimbursement in the before and after school care voucher scheme.
1. Application and acceptance of Terms and Conditions
1.1 The Department of Education and Service NSW are delivering the Before and After School Care Voucher Scheme. As part of the Scheme, parents and guardians who have a child enrolled in primary school can apply to receive a $500 voucher that can be applied to reduce the out-of-pocket costs associated with before and after school care.
1.2 Businesses that provide before and after school care may apply to be registered to participate in the Scheme.
1.3 By applying to register to participate in the Scheme, a business agrees to be bound by these Terms and Conditions.
2. Definitions and interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires:
- “ABN” means Australian Business Number.
- “ACN" means Australian Company Number.
- “Approved Early Childhood Education Provider” means a business that has been approved and registered by the Australian Children’s Education & Care Quality Authority.
- “before and after school care” includes vacation care.
- “customer” means a parent or guardian who has been issued with a BASC Voucher.
- “DoE” means the Crown in the right of the State of NSW acting through the Department of Education.
- “BASC Voucher” means a voucher issued by Service NSW to eligible parents or guardians who have a child enrolled in a primary school, for use to reduce the out-of-pocket costs associated with before and after school care.
- “Registered Provider” means a business that has been registered by Service NSW to participate in the Scheme and whose registration has not been suspended or cancelled.
- “Scheme” means the before and after school care voucher scheme administered by the Department of Education and Service NSW that involves the provision of BASC Vouchers, registration of businesses, and payment to businesses for redeemed BASC Vouchers.
- "Service NSW” means the Crown in the right of the State of NSW acting through Service NSW.
- “Terms and Conditions” means these Terms and Conditions for Business Registration and Reimbursement in the before and after school care voucher scheme.
2.2 Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to “person” includes a natural person, company, body corporate or other form of legal entity, and reference to “including” and “includes” and “for example” is to read as if followed by “without limitation”.
2.3 If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.
3.1 A business may be eligible to register to participate in the Scheme if it:
(a) has a current and active ABN or ACN and is registered on the Australian Business Register;
(b) is an Approved Early Childhood Education Provider; and
(c) provides before and after school care services to students who are residents of NSW and enrolled at primary schools.
3.2 Notwithstanding any other provision in these Terms and Conditions, DoE and/or Service NSW may require additional information or clarification from a business applying for registration, or any additional information or clarification about the business from any other public entity or person, before determining whether the eligibility criteria in clause 3.1 have been satisfied and whether to approve the application to register the business.
3.3 Information provided by a business in its application for registration or otherwise in accordance with these Terms and Conditions must be true and correct. It is a serious offence to provide false or misleading information to a public authority.
3.4 Notwithstanding any other provision in these Terms and Conditions, DoE and/or Service NSW may refuse to register a business for any reason, including if the business does not meet the eligibility criteria in clause 3.1.
3.5 By applying to register to participate in the Scheme, a business consents to Service NSW and DoE disclosing personal information provided by the business to each other for the purposes of administering or reporting on the Scheme, including for planning and evaluation purposes.
3.6 A business can apply to register to participate in the Scheme via the MyServiceNSW Business Profile within the MyServiceNSW Account. An application for registration may be made by:
(a) the person with management or control of the business; or
(b) a person authorised to apply on behalf of the business.
4. Conditions of registration
4.1 A Registered Provider must:
(a) accept all valid BASC Vouchers presented by a customer on or before 31 January 2023;
(b) not increase its prices as a result of its participation in the Scheme;
(c) not implement differential pricing for customers and parents and guardians who do not hold a BASC Voucher;
(d) notify Service NSW immediately if the Registered Provider can no longer meet the eligibility criteria in clause 3.1 or can no longer comply with these Terms and Conditions; and
(e) notify Service NSW immediately, if it ceases to trade or to participate in the Scheme.
4.2 A Registered Provider agrees that it may be audited or investigated by DoE or Service NSW to determine whether the Registered Provider is complying with these Terms and Conditions. A Registered Provider agrees that it will provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.
4.3 Notwithstanding any other provision in these Terms and Conditions, DoE and/or Service NSW may cancel or suspend a Registered Provider’s registration if it is reasonably satisfied that the business:
(a) ceases to meet the eligibility criteria in clause 3.1, or
(b) fails to comply with or satisfy any of these Terms or Conditions.
5.1 A Registered Provider that accepts a BASC Voucher from a customer, may claim a payment of up to $500 from Service NSW.
5.2 Subject to clause 5.3, DoE/Service NSW will reimburse a Registered Provider within 14 business days of a claim for payment being made, via electronic funds transfer to their nominated bank account.
5.3 Notwithstanding clause 5.2 or any other provision in these Terms and Conditions, DoE/Service NSW may:
(a) withhold (subject to DoE and/or Service NSW’s investigations and/or further enquiries) one or more reimbursement payments if it suspects, on reasonable grounds, that the Registered Provider has breached or is suspected of breaching one or more of the conditions for reimbursement set out in clause 6; and/or
(b) refuse to make one or more reimbursement payments, if satisfied that the Registered Provider has breached or is suspected of breaching one or more of the conditions for reimbursement set out in clause 6.
6. Conditions for reimbursement
6.1 All payments to a Registered Provider by DoE/Service NSW as reimbursement for services provided in exchange for a BASC Voucher are made on the condition that:
(a) The Registered Provider met the eligibility criteria in clause 3.1 at the time of the BASC Voucher was presented for redemption;
(b) The BASC Voucher was presented for redemption on or before 31 January 2023;
(c) The Registered Provider took steps to ensure that the customer using the BASC Voucher was eligible to use the voucher as part of the Scheme;
(d) The Registered Provider makes any claim for reimbursement on or before 31 January 2023.
7. Reporting requirements
7.1 A Registered Provider must comply with the reporting requirements notified to them. Registered Providers will be sent a BASC Voucher Compliance reporting tool by email. The BASC Voucher Compliance reporting tool must be updated and uploaded as directed by the DoE at the end of each school term. Registered Providers will be provided with instructions on how to use the BASC Voucher Compliance reporting tool.
8. Repayment obligations
8.1 A Registered Provider agrees to repay to Service NSW or DoE, any amount that it has received under the Scheme, in the event that:
(a) any information provided by the Registered Provider as part of the registration process, or accepting and redeeming a BASC Voucher is untrue, false or misleading; or
(b) the Registered Provider has not complied with the conditions contained in clauses 4.1 or 6.
8.2 A Registered Provider is not entitled to retain any payment made to it pursuant to clause 5.2 unless such payments have been applied to reduce the out-of-pocket costs of a customer. A Registered Provider agrees to repay to Service NSW or DoE, any amount that it has received under the Scheme that has not been used to reduce the out-of-pocket costs of a customer, in accordance with these Terms and Conditions, as at 30 June 2023.
9. Suspension or termination of the Scheme
9.1 Notwithstanding any other provision in these Terms and Conditions, DoE and/or Service NSW may, in their absolute discretion, suspend or terminate the entirety or any part of the Scheme at any time and for any reason, including suspending or terminating the validity of individual BASC Vouchers.
9.2 Any action taken to suspend or terminate the Scheme will be notified on the Service NSW website.
10. Limitation of liability
10.1 To the extent permitted by law, DoE and Service NSW (including their officers, employees and agents) will not be liable for any direct, indirect, incidental, special or consequential loss or damage or for any death, illness, personal injury, financial loss or property damage however caused (including by negligence) which may be suffered or incurred by a business, customer or any other person arising directly or indirectly out of or in any way connected with the Scheme.
11.1 Any enquiry or complaint is to be directed to Service NSW via Service NSW Centres or by calling 13 77 88.
12.1 A business is responsible for obtaining its own independent legal and financial advice regarding these Terms and Conditions.
13.1 DoE and/or Service NSW may amend, vary, delete or supplement these Terms and Conditions at any time by publishing on the Service NSW website.
14.1 No failure or delay by DoE or Service NSW in exercising any right under these Terms and Conditions will operate as a waiver of those rights.
15.1 If any part of these Terms and Conditions is prohibited, void, voidable, illegal or unenforceable for any reason, then that part is severed from these Terms and Conditions but without affecting the continued operation of the remaining Terms and Conditions.
16. Governing Law
16.1 These Terms and Conditions are governed by, and must be interpreted in accordance with, the laws in force in New South Wales. A business, DoE and Service NSW submit to the exclusive jurisdiction of the courts of New South Wales and any court competent to hear appeals from those courts.
17.1 Clauses 8 and 10 contain continuing obligations and will survive termination of these Terms and Conditions.